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CASSIDY v. WILLIS

323 A.2d 598 (1974)

Lee M. CASSIDY et al., Plaintiffs, v. Burton D. WILLIS, State Election Commissioner, et al., Defendants.

Supreme Court of Delaware.

Decided July 11, 1974.

Reargument Denied July 24, 1974.

Attorney(s) appearing for the Case

Arlen B. Mekler, of Wise, Lindh, Mekler & Evans, Wilmington, for plaintiffs.

Kent Walker, State Sol., Wilmington, for defendants Members of the Department of Elections for New Castle County.

Hiram W. Warder, Wilmington, for defendants Leo T. Marshall, Democratic City Committee, and Democratic City Executive Committee.

Harvey B. Rubenstein, Wilmington, for defendants Edward F. Peterson, New Castle County Democratic Committee, and New Castle County Democratic Executive Committee.

Before HERRMANN, Chief Justice, DUFFY, Associate Justice and McNEILLY, Judge.

DUFFY, Justice:

This case puts in issue the constitutionality of 15 Del.C. § 3104 and 15 Del.C. § 3107 which require the payment of filing fees by certain candidates for public office.

I

The Court of Chancery certified to this Court and we accepted for decision the following questions:

1. DO 15 DEL.C. § 3104 AND 15 DEL.C. § 3107 VIOLATE ARTICLE II, SECTION 3 OF THE DELAWARE CONSTITUTION OF 1897? 2. DO 15 DEL...

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